Office of the Attorney General
State of Texas

Re: Approval of maps or plats by city council or city planning
commission under article 974a, V.T.C.S.

Dear Mr. Miller:

You have requested our opinion on several questions concerning
a city's authority to extend its subdivision ordinance into
approved subdivision plats within the city's extraterritorial
jurisdiction [hereinafter ETJ]. You have asked what standards a
city may or is required to adopt in its approval process of
subdivision plats in the ETJ. You have also asked whether a city
may adopt a different set of standards for subdivisions located
within the ETJ as opposed to those located within the city limits
and whether the city may adopt different standards within the ETJ
itself for subdivisions depending upon the proximity of a
subdivision to the corporate limits of the city. In your final
question you ask whether a city may require a subdivision to be
brought up to city standards as a condition for annexation or
furnishing services to the area.

Many of your questions may be answered by article 6626a,
V.T.C.S., as amended during the most recent legislative session.
Acts 1983, 68th Leg., ch. 327, at 1717. This statute, formerly
applicable only to counties under 190,000 population, controls
the plat approval process and the ETJ for all counties with an
exception not pertinent to your inquiry. We note that the former
version of article 6626a was placed in the county road and bridge
act without amendments. Acts 1983, 68th Leg., ch. 288, s 2.402,
at 1459. However, since chapter 327 is a later enactment of the
same legislative session, we believe that it controls over the
subdivision regulation provisions, sections 2.401 and 2.402, of
the county Road and Bridge Act.

Article 6626a now provides in part as follows:

Sec. 1. (a) [applies to all counties]

(b) The owner of any tract of land situated without the
corporate limits of any city in the State of Texas, who may
hereafter divide the same in two (2) or more parts for the
purpose of laying out any subdivision of any tract of land, or an
addition without the corporate limits of any town or city, or for
laying out suburban lots or building lots, and for the purpose of
laying out streets, alleys, or parks, or other portions intended
for public use, or the use of purchasers or owners of lots
fronting thereon or adjacent thereto, shall cause a plat to be
made thereof, which shall accurately describe all of said
subdivision or ... giving the dimensions thereof of said
subdivision or addition and the dimensions of all lots, streets,
alleys, parks, or other portions of same, intended to be
dedicated to public use or for the use of purchasers or owners of
lots fronting thereon or adjacent thereto, provided, however,
that no plat of any subdivision of any tract of land or any
addition shall be recorded unless the same shall accurately
describe all of said subdivision ....

Section 3 of article 6626a grants to the commissioners court
the authority to adopt requirements for the streets right-of-way
in subdivisions in addition to the "shoulder-to-shoulder" width.
Section 3(e) grants the commissioners court the authority to
adopt "reasonable specifications" for "road construction within
the subdivision" and section 3(f) gives the county authority to
adopt road drainage regulations. The subdivider may also be
required to post a bond with a county in an amount not to exceed
the estimated cost of road construction. Id. s 3(g).

The commissioners court may refuse to approve a subdivision
plat unless it meets with the county's subdivision road
standards. Id. s 4. Section 4A(a) is a new provision and
specifically authorizes the county to sue for injunction and
damages in the event that the county's road specification are
violated. It also declares a violation of the regulations
adopted by the commissioners court to be a class "B" misdemeanor.

Article 6626aa, V.T.C.S., is a new statute adopted this year.
Acts 1983, 68th Leg., ch. 327, s 2, at 1720. It provides in part
in section 2 as follows:

In areas under a city's extraterritorial jurisdiction as
defined by [article 970a] no plat shall be filed with the county
clerk without the authorization of both the city and the county.
Inside said extraterritorial jurisdiction, the city shall have
independent authority to regulate subdivisions under [article
970a] and [974a] and other statutes applicable to cities; and
the county shall have independent authority to regulate
subdivisions under [article 6626a] and other statutes applicable
to counties. Inside said extraterritorial jurisdiction whenever
such city regulations conflict with such county regulations, the
more stringent provisions of such regulations shall govern; and
in unincorporated areas outside said extraterritorial
jurisdiction city shall have no authority to regulate
subdivisions or to authorize the filing of plats, except as
provided by The Interlocal Corporation Act [article 4413(32c) ].

This new statute states that a city has authority to regulate
subdivisions pursuant to articles 970a and 974a but that the city
has no authority to regulate subdivisions outside of the city's
ETJ. Article 970a, V.T.C.S., the Municipal Annexation Act,
establishes the ETJ of the city of Big Spring at one mile. Id. s
3(A)(2). Section 4 of the Municipal Annexation Act permits a
city to extend its subdivision ordinance into its ETJ:

The governing body of any city may extend by ordinance to all
of the area under its extraterritorial jurisdiction the
application of such city's ordinance establishing rules and
regulations governing plats and the subdivision of land;
provided, that any violation of any provision of any such
ordinance outside the corporate limits of the city, but within
such city's extraterritorial jurisdiction, shall not constitute a
misdemeanor under such ordinance nor shall any fine provided for
in such ordinance be applicable to a violation within such
extraterritorial jurisdiction. However, any city which extends
the application of its ordinance establishing rules and
regulations governing plats and the subdivision of land to the
area under its extraterritorial jurisdiction shall have the right
to institute an action in the district court to enjoin the
violation of any provision of such ordinance in such
extraterritorial jurisdiction, and the district court shall have
the power to grant any or all types of injunctive relief in such
cases.

Article 974a, V.T.C.S., on the other hand, provides for city
plat approval of subdivisions within five miles of the city
limits. Section 1 of article 974a requires developers of
subdivisions within five miles of a city's corporate limits to
prepare a plat for city approval. Section 4 of the statute
provides that the city must approve a subdivision plat within
five miles if the subdivision conforms to the city's general
growth plan. The section provides in full as follows:

If such plan or plat, or replat shall conform to the general
plan of said city and its streets, alleys, parks, playgrounds,
and public utility facilities, including those which have been or
may be laid out, and to the general plan for the extension of
such city and of its roads, streets, and public highways within
said city and within five miles of the corporate limits thereof,
regard being had for access to and extension of sewer and water
mains and the instrumentalities of public utilities, and if same
shall conform to such general rules and regulations, if any,
governing plats and subdivisions of land falling within its
jurisdiction as the governing body of such city may adopt and
promulgate to promote the health, safety, morals or general
welfare of the community, and the safe, orderly and healthful
development of said community (which general rules and
regulations for said purposes such cities are hereby authorized
to adopt and promulgate after public hearing held thereon), then
it shall be the duty of said City Planning Commission or the
governing body of such city, as the case may be, to endorse
approval upon the plat, plat or replat submitted to it.

Section 4, to simply paraphrase, requires the city to approve a
subdivision plat if it is in harmony with the city's subdivision
ordinance. Article 6626 also provides for municipal approval of
subdivision plats within five miles of the corporate limits of
any municipality. The five mile range for city approval of
subdivision plats contained in articles 6626 and 974a is not
explicitly repealed by the new statute, article 6626aa. However,
we believe that the five mile range is impliedly repealed and a
city may not exercise any plat approval authority outside of its
extraterritorial jurisdiction which for some cities may be less
than five miles. Article 6626aa explicitly states that outside
of the ETJ a city has no authority to regulate subdivisions or to
approve plats.

We believe that a city is not authorized to adopt a lesser set
of standards for the approval of subdivisions within the city's
ETJ. Article 970a provides for the extension of the city's
subdivision ordinance. Regardless of whether a city has extended
its subdivision ordinance or not into its ETJ, article 974a
requires a city to approve any subdivision plat therein if it
conforms to the city's "general plan" for streets, parks,
utilities, and the like, and also if the subdivision plat
conforms to the

general rules and regulations, if any, governing plats and
subdivisions of land falling within its jurisdiction as the
governing body of such city may adopt and promulgate.

Id. Any rules that a city adopts concerning the approval of
subdivision plats must relate to the promotion of the "health,
safety, morals or general welfare of the community, and the safe,
orderly and healthful development of said community." Id.
Obviously, this is a broad grant of authority.

Our determination that a city may not adopt different standards
for subdivision plat approval in the ETJ makes it unnecessary to
answer your inquiry concerning the authority of a city to require
the subdivision to be brought up to standards before annexation.

SUMMARY

A city may approve or disapprove subdivision plats within
that city's extraterritorial jurisdiction established under
article 970a if the plats conform to the city's subdivision
ordinance.